H. or R.] Amendments to the Constitution. the mode of requisitions will operate in so easy a way, by being so consonant to the habits of the people, that the supplies will be sooner realized in the treasury by this means than by any other. It will require a length of time to form a uniform system of taxation, that shall operate equally and justly through all the States; though I doubt the possibility of forming such a system. It has been said, that requisitions have not been complied with in former times, but it is to be hoped that there will not be so much difficulty in future. The supplies from the impost will greatly diminish the requisitions; besides, should any of the States refuse to comply, they will be liable to the exercise of the power of Congress in the very heart of their country. This power will be so disagreeable, that the very dread of it will stimulate the States to an immediate and prompt compliance with the requisitions. This amendment has been proposed by several of the States, and by some of the most important ones. For this and other reasons that have been offered on the subject, I hope the amendment will be adopted. Several methods were proposed for disposing of this question for the present; but the motion for its lying on the table being put and negatived, Mr. PARTRIDGE, referring to his instructions, was solicitous that this amendment should not be too precipitately decided upon, and moved the previous question, which was negatived. Mr. SEDGWICK said, that he believed his mind was as strongly impressed with the force of the instructions he had received from his constituents, as that of other gentlemen. But, sir, a Government entrusted with the freedom and the very existence of the people, ought surely to possess, in a most ample degree, the means of supporting its own existence; and as we do not know what circumstances we may be in, or how necessary it may be for Congress to exercise this power, I should deem it a violation of the oath I have taken to support the Constitution were I now to vote for this amendment. Mr. SHERMAN remarked, that if Congress should exercise this power, the taxes would be laid by the immediate representatives of the people; [AUGUST, 1789. Article 1, section 8, clause 9, strike out the words, "tribunals superior to the Supreme Court," and insert the words "courts of admiralty." And on the question being put, it passed in the negative. He then moved for a further amendment to the Constitution, as follows: In the third section of the sixth article insert the word "other" between the word "no" and the word "religious." And on the question that the House do agree to the said amendment, it passed in the negative. Mr. GERRY moved to add to the amendments already agreed to the following articles, to wit: "That Congress erect no company of merchants with exclusive advantages of commerce." And on the question that the House do agree to the said proposed article, it passed in the negative. He introduced another motion, to add to the amendments already agreed to the following article, to wit: "Congress shall at no time consent that any person holding an office of trust or profit under the United States shall accept of a title of nobility or any other title or office from any King, Prince, or foreign State." And on the question being put, it was negatived. Mr. BENSON introduced a resolution to the following purport: Resolved by the House of Representatives of the United States in Congress assembled, That the following amendments to the Constitution of the United States having been agreed to by two-thirds of both Houses, be submitted to the Legislatures of the several States; which, when ratified, in whole or in part, by three-fourths of the said Legislatures, shall be valid to all intents and purposes as parts of the said Constitution. This resolution was referred to a committee consisting of Messrs. BENSON, SHERMAN, and SEDGWICK, who were directed to arrange the said amendments and make report thereof. ADJOURNMENT. Mr. GOODHUE moved that the report of the neither would it be necessary to adopt one uni- joint committee on the adjournment be made the form method of collecting direct taxes. The sev-order of the day for Monday next. Passed in the eral States might be accommodated by a refer-affirmative. ence to their respective modes of taxation. The question upon the paragraph being called for from every part of the House, the yeas and nays were taken. YEAS-Messrs. Burke, Coles, Floyd, Grout, Hathorn, Livermore, Van Rensselaer, Sumter, and Tucker-9. NAYS-Messrs. Ames, Benson, Brown, Cadwalader, Carroll, Clymer, Fitzsimons, Foster, Gale, Gerry, Gilman, Goodhue, Hartley, Heister, Jackson, Lawrence, Lee, Madison, Matthews, Moore, Muhlenburg, Page, Parker, Partridge, Schureman, Scott, Sedgwick, Seney, Sherman, Sylvester, Sinnickson, Smith, (of Maryland,) Smith, of South Carolina, Stone, Sturgis, Thatcher, Trumbull, Vining, and Wadsworth-39. Mr. TUCKER proposed the following amendment to the Constitution: TREASURY BILL. The committee on the part of the House appointed to confer with the Senate on their amendment to the Treasury bill, being called on to report, Mr. MADISON reported verbally, that the committee had met and conferred upon the subject; that the members on the part of the Senate stated the reasons on which their amendment was founded, which not being satisfactory to the committee on the part of the House, they submitted certain propositions to the committee of the Senate, who, on their part, offered none. Mr. MADISON further reported, that it is the opinion of the committee on the part of the House, that it would not be right for the House to recede from their disagreement. AUGUST, 1789.] Adjournment. MONDAY, August 24. [H. OF R. The motion of Mr. VINING was withdrawn, Mr. MADISON proposed the following resolution: Mr. FITZSIMONS, from the committee appoint- and ed, according to order, presented a bill establishing the salaries of the Executive officers of Government, with their assistants and clerks, which was received and read the first time. Mr. BENSON, from the committee appointed for the purpose, reported an arrangement of the articles of amendment to the Constitution of the United States, as agreed to by the House on Friday last; also, a resolution prefixed to the same, which resolution was twice read and agreed to by the House, as follows: Resolved, That when this House does adjourn, on of September next, they will adjourn to the first Monday in December next. Mr. ScoTT objected to this. He said it was too short a period; it would not admit of the members who lived at the extremities of the Union to go home and return by the time mentioned. Mr. LIVERMORE was also opposed to it, and pro posed to adjourn on the first of September. Resolved by the Senate and House of Representatives Mr. GOODHUE said, he conceived those gentleof the United States of America in Congress assembled, men who talked of adjourning on the first of Sep(two-thirds of both Houses deeming it necessary,) That tember did not wish for any adjournment at all. the following articles be proposed to the Legislatures He contended for a short adjournment, as proposof the several States as amendments to the Constitu-ed by the resolution; some relaxation from busition of the United States, all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution. Ordered, That the Clerk of this House do carry to the Senate a fair engrossed copy of the said proposed articles of amendment, and desire their concurrence. ADJOURNMENT. ness is necessary; it is also expedient to consult our constituents; some alterations may be found necessary in the laws we have enacted. We can judge better of that necessity from our observation and conversation with our constituents in our respective States, than we can from any other information. Mr. AMES was in favor of the motion, and proposed to fill the blank with 22d September, which was carried in the affirmative. The House proceeded to the consideration of Mr. SUMTER objected to the shortness of the the report of the joint committee, on the adjourn-time of adjournment. The business now before ment. Mr. VINING was against taking up this report. He thought it appeared absurd to enter into a discussion of the question at this moment; it would necessarily bring on a great deal of debate, and consume much time, and would likewise counteract the object of gentlemen entirely, while so many important subjects were yet undecided, which must be attended to and finished previous to a recess. He moved for a postponement, in order to take up the Treasury bill. us cannot be completed, if we may judge by what has already taken place. The recess will be so short, that none of the advantages expected to be derived from consulting our constituents can be realized by those from a remote quarter of the Union. Short recesses are attended with great expense. Our conduct in adjourning for so short a time, and leaving so much business unfinished, can never be approved by the people. Gentlemen talk of their private concerns; I do not think that any member has made a greater proportionable Mr. HARTLEY said, that the honorable gentle-sacrifice than I have. But the public good is to man's remarks furnished the best argument for coming to a determination upon the adjournment at the present time, as it was the best way to confine the attention of the House to the essentials which claimed their immediate attention and decision. : be chiefly regarded; we ought not to be influenced by our private concerns. He hoped that some plan of accommodation would take place. Mr. AMES introduced the foregoing resolutions in the form following, viz: "That the President of the Senate, and the Speaker of the House of Mr. SEDGWICK was in favor of deciding on the Representatives, do adjourn their respective report immediately; he contended that the pub-Houses of Congress on the 22d of September lic business would be expedited thereby this renext, to meet on the first Monday in December mark, he said, was founded upon experience. next." When the time is fixed, and gentlemen are fully Mr. JACKSON said that the time was too short; impressed with the importance of despatching it would not admit of the members who come business in a given time, they will exert them- from a distance to consult their constituents, and selves to the utmost. He had known as much so far the advantage of an adjournment would be business transacted in the Assembly of Massa-lost. Let us view the matter in another point of chusetts in one week, and as well done, as had light; alarms have been spread respecting the been before in three. He further observed that compensations; this will increase those alarms, many gentlemen were anxious to go home; that for it will be said that a very great expense is the sickly season was approaching, and that if an needlessly incurred. If we sit two months longadjournment does not take place, the members er, the public business would be so far completed will be so thinned off, that in all probability a as to supersede the necessity of meeting in Demuch less number than the present will be left to cember. He thought the adjournment ought to do business. be to the first Monday in March, and the Consti H. OF R.] Judiciary. [AUGUST, 1789. to adjourn the House on that day, let circumstances be what they may. This was unprecedented, and could not be agreed to. Mr. JACKSON called for the previous question on Mr. AMES's motion, and on the question, "Shall the main question now be put?" it passed in the affirmative. The main question being put, it passed in the affirmative by a large majority. tution would warrant this; mutual concessions ought to be made for the accommodation of all. At the time proposed, the cold season will be advanced; the ice and snow will prevent the gentlemen at the Eastward and Northward from attending to their private business; hence that season will be adapted to their convenience. But let us look to the members from the Southward; it ought to be considered that their relaxed constitutions will be greatly exposed by the intense cold of this northern climate; besides, it will then be their busy season for planting; some concession ought therefore to be made. The Southern members would sooner forfeit their seats in this Mr. VINING moved that the House would now House, than be obliged to come here in the Win-adhere to their disagreement to the amendment ter; this will operate to deprive the remote parts of the Union of their representation. He therefore moved that the time be extended to the first of March. Mr. GERRY was opposed to so short an adjournment; he stated the expense that would attend it, and made it twenty thousand dollars, a sum that would pay Congress for fifty days' attendance. This, he said, rendered it demonstrable that it would be most prudent for Congress to continue the session and terminate the business. If it is absolutely necessary to any particular gentleman to go home, leave may be granted. He trusted, he said, that there was no member who thought himself of so much consequence that the Government could not proceed without him, or that Congress thought so; if they should, when such a member departs, the business must stand still. Reference has been had to out-door conversation, and we are cautioned to beware of exciting popular clamor. But he trusted that ideas of this kind are not to influence the deliberations of this assembly, or deter us from deciding what we think is just and best. Mr. JACKSON said he was surprised to hear a gentleman cautioning the House against being influenced by public clamor, and the opinions of people out of doors, especially as that gentleman has, within a fortnight past, raised more bugbears from that source than all the House besides. The amendment of the Senate to the Treasury bill was taken into consideration; and Mr. MADISON, from the Committee on Conference, made a verbal report. of the Senate. Messrs. SHERMAN, PAGE, and GERRY, made some observations against the motion, which was, however, carried in the affirmative. JUDICIARY. The House now resolved itself into a Committee of the Whole on the bill sent from the Senate, entitled "An act to establish the Judicial Courts of the United States," Mr. BOUDINOT in the Chair. On motion of Mr. BENSON, the word "federal" was struck out of the first clause. Mr. LIVERMORE moved to strike out from the clause "the Supreme Court shall consist of a Chief Justice and four Associate Justices" the word "four," and insert "three" in its stead. Mr. SEDGWICK supposed the motion went to strike out the subsequent sentence, where a quorum was defined; he was opposed to this, because he thought a quorum ought to consist of a majority of the Judges, in order that there might be some stability in their decisions. It was of great importance to have the law established in such a way as not to be subjected to frequent changes. Mr. JACKSON inquired how a point of law could be determined when four Judges were on the bench, and they decided two and two? He hoped they would be either increased or diminished, and therefore should vote for striking out. Mr. BOUDINOT said that he supposed the time Mr. LIVERMORE did not apprehend that the Asbetween this and the adjournment will be suffi-sociate Judges would always be on the bench, and cient to complete the organization of the Judi- therefore meant to strike out one of the number ciary and Executive Departments. The adjourn- affixed, as a quorum. ment will, in the common course of events, allow the members from Georgia three or four weeks to be at home, A short recess is absolutely necessary, a long one may be highly injurious. Mr. VINING recapitulated a number of articles now pending before Congress, upon which it is presumed that it is not necessary to consult our constituents. We already know their sentiments; this business must absolutely be attended to, and completed previous to a recess. He was opposed to the motion for adjourning till March; but on a conciliatory plan he would agree to the first of January. Mr. TUCKER said he conceived that the business was taken up wrong; the resolution proposed was entirely improper; it puts it in the power of the Speaker, with the concurrence of the Senate, Mr. BENSON said, the Senate had employed a great deal of time in perfecting this bill, and, he believed, had done it tolerably well; besides, the session was now drawing to a close; he therefore wished as few alterations as possible to be made in it, lest they should not get it through before the adjournment. Mr. GERRY inquired whether it was essential that the Chief Justice should be on the bench, in order to form a Supreme Court? If it was not, there might be two Supreme Courts sitting at the same time, provided they increased the Associate Justices in the manner talked of by one gentleman, and diminished the quorum in the manner hinted at by another. Mr. JACKSON said, the decisions of the courts in England were not to influence the House, when they had an opportunity of improving a plan that was defective. Mr. LIVERMORE's motion was negatived. Mr. BURKE moved that "Chief Justice" should be struck out. It is, he said, a concomitant of royalty. Mr. BENSON observed that this was a provision of the Constitution; and upon this information Mr. BURKE withdrew his motion. Mr. TUCKER was in favor of striking out the whole clause, and against dividing the United States into districts, for the purpose of instituting inferior Federal courts. He said the State courts were fully competent to the purposes for which these courts were to be created, and that they would be a burdensome and useless expense. Mr. SUMTER Seconded the motion. Mr. LIVERMORE was against striking out the whole clause. He wished to have the United States divided into districts; but he concurred with the other idea of the gentleman. He wished for all the districts, except in Kentucky, to be abolished; for the sake of forming a Court of Admiralty in each, authorized not only to take cognizance of all marine concerns, but also of all seizures. Mr. TUCKER said, he did not move to strike out the district to prevent the establishment of Admiralty Courts; he approved of such courts; but he presumed the States composed sufficient districts. This motion was negatived. Mr. LIVERMORE then moved to strike out the words, "one to be called Kentucky district." He observed, that as the matters which would come under the cognizance of these courts would be chiefly of a marine nature, Kentucky, from its situation, could have nothing to do with them; consequently, to establish them there, would be a needless expense. This motion was determined in the negative. Mr. LIVERMORE.-I now move you, sir, to strike out the whole of this clause. I fear this principle of establishing Judges of a Supreme Court will lead to an entire new system of jurisprudence, and fill every State in the Union with two kinds of courts for the trial of many causes. A thing so heterogeneous must give great disgust. Sir, it will be establishing a Government within a Government, and one must prevail upon the ruin of the other. Nothing, in my opinion, can irritate the inhabitants so generally, as to see their neighbors dragged before two tribunals for the same offence. Mankind in general are unfriendly to courts of justice; they are vexed with law-suits for debts or trespasses; and though I do not doubt but the most impartial administration of justice will take place, yet they will feel the imposition burdensome and disagreeable. People in general do not view the necessity of courts of justice with the eye of a civilian; they look upon laws rather as intended for punishment than protection; they will think we are endeavoring to irritate them, rather than to establish a Government to sit easy upon them. Will any gentleman say that the Constitution cannot be administered without this establish [H. OF R. ment? I am clearly of a different opinion; I think it can be administered better without than with it. There is already in each State a system of jurisprudence congenial to the wishes of its citizens. I never heard it complained that justice was not distributed with an equal hand in all of them; I believe it is so, and the people think it so. We had better then continue them than introduce a system replete with expense, and altogether unnecessary. Nor will this expense be inconsiderable; we must have a double suit of salary judges, attorneys general, marshals, clerks, and constables, together with jails and court-houses; and all this for what? To try a man over again who has been acquitted by the State courts, in cases of concurrent jurisdiction, or from an apprehension that the State courts may err. The State courts have hitherto decided all cases of a national or local import; and it was never heard that they determined with any degree of partiality. Perhaps a maritime case, that was carried by appeal before the court for final determination in cases of capture, where the judgment was reversed, may be thought an exception; but whether this case was decided rightly or wrongly at last, I shall not pretend to say at present. Now, if the State courts have hitherto had cognizance of similar cases, and proceeded on them with impartiality, what occasion is there for a new institution? I cannot possibly conceive, unless it be to plague mankind. But, besides the expense of judges, marshals, &c., there will be another difficulty; there must be procured jurors for such courts, for I presume it is not intended that they shall try causes without a jury. Now, how is this jury to be constituted? Are they to come to the Supreme Court from the county in which the offence has been committed, or is the court to go to that place? We have heard cases spoken of, to arise under the mountains of Carolina, and be dragged down to the sea-shore; but the inconvenience of three or four hundred miles is nothing compared with what may take place under this system. Certainly this consideration must offer difficulties to every gentleman's mind; difficulties which can easily be avoided by pursuing another route. But after the trial follow judgment and execution. Now what mode will you pursue to complete your process? There are various ways of levying an execution in the different States; in some States the land is attached; in others, the personal estate; sometimes the debtor is confined in jail, or, in case he breaks jail, the county has to pay the debt. I hope the Government will not adopt this last mode, or escapes may be made in great number. I apprehend we shall find the execution offer no inconsiderable obstacle to our system.. Now, why engage in a plan so obnoxious and difficult without necessity? Gentlemen will not pretend to be afraid of erroneous decisions, because they may be subject to appeal and revision, which furnishes as great security as it is possible to have in any system of jurisprudence whatever. For my part, I contemplate with horror the effects H. OF R.] Permanent Seat of Government. of the plan; I think I see a foundation laid for discord, civil wars, and all its concomitants. To avert these evils, I hope the House will reject the proposed system. On motion, the House now adjourned. TUESDAY, August 25. SALARIES OF EXECUTIVE OFFICERS. The bill for establishing the salaries of the Executive officers of the Government, with their assistants and clerks, was read the second time, and committed to a Committee of the Whole. The House resolved itself into a Committee of the Whole, on the bill to provide for the safekeeping of the acts, records, and seal of the United States; for the due publication of the acts of Congress; for the authentication of the copies of records; for making out and recording commissions, and prescribing their form; and for establishing the fees of office to be taken for making out such commissions, and for copies of records and papers; Mr. BOUDINOT in the Chair. After some time spent thereon, the committee rose, and reported progress, and obtained leave to sit again. A message from the Senate informed tho House that they recede from so much of the eighth amendment to the bill to establish the Treasury Department, as was disagreed to by the House, and insisted on by the Senate; and that they have also agreed to the resolution of the House of the 24th instant, appointing the time for the adjournment of both Houses of Congress. The House then adjourned. WEDNESDAY, August 2€. SALARIES OF EXECUTIVE OFFICERS. The House again resolved itself into a Committee of the Whole, on the bill to provide for the safe-keeping of the acts, records, and seal of the United States; for the publication of the acts of Congress; for the authentication of the copies of records; for making out and recording commissions, and prescribing their form; and for establishing the fees of office to be taken for making such commissions, and for copies of records and papers; Mr. BOUDINOT in the Chair. The committee having gone through the bill, reported it, with the amendments made thereto, to the House; which being agreed to, Ordered, That the bill, with the amendments, be engrossed, and read the third time to-morrow. A message from the Senate informed the House that the Senate had passed the bill for registering and clearing vessels, regulating the coasting trade, and for other purposes, with several amendments; to which they desired the concurrence of this House. The House proceeded to consider the amendments proposed by the Senate to the said bill; and, after having made some progress therein, the House adjourned. [AUGUST, 1789. THURSDAY, August 27. The engrossed bill to provide for the safe-keeping of the acts, records, and seal of the United States; for the due publication of the acts of Congress; for the authentication of the copies of records; for making out and recording commissions, and prescribing their form; and for establishing the fees of office to be taken for making out such commissions, and for copies of records and papers, was read a third time, and passed. The House resumed the consideration of the amendments proposed by the Senate to the bill for registering and clearing vessels, regulating the coasting trade, and for other purposes; and agreed to all the amendments, with amendments to the third and fifty-seventh amendments, as follows: Third amendment.-In lieu of the words proposed to be stricken out by the Senate, insert the words, "shall be in the form following, viz." Fifty-seventh amendment.-After the word "sworn," in the clauses proposed to be inserted by the Senate, insert the words " or affirmed." Mr. GERRY, from the committee appointed to prepare and report an estimate of the supplies requisite for the present year, made a further report; which was read, and ordered to lie on the table. Mr. SMITH (of South Carolina) from the committee appointed for the purpose, presented a bill providing for the establishment of hospitals for the relief of sick and disabled seamen, and prescribing regulations for the harbors of the United States; which was received, and read the first time. The House proceeded to consider the report of the committee to whom was referred a letter from the Postmaster General, which lay on the table; whereupon Ordered, That the said report be committed to Messrs. BOUDINOT, GOODHUE, and LEE. PERMANENT SEAT OF GOVERNMENT. Mr. ScoTT, agreeably to notice given, moved the following: "That a permanent residence ought to be fixed for the General Government of the United States, at some convenient place as near the centre of wealth, population, and extent of territory, as may be consistent with convenience to the navigation of the Atlantic ocean, and having due regard to the particular situation of the Western country." He then moved to make this motion the order of the day for Thursday next. Mr. SMITH (of South Carolina) moved to let it lie on the table. Mr. SHERMAN objected to it. He thought the House had as much business of importance already before them as they could possibly despatch, without entering on this. Neither was the Government in possession of resources at present for the establishment of a federal town. He therefore moved to defer taking this motion into consideration until the second Monday in December. Mr. HARTLEY was in favor of the motion, and hoped it would prevail. Those gentlemen, he |